Terms & Conditions

Agreement to Terms & Conditions

brick&batten recommends you read the following terms and conditions thoroughly. By purchasing goods or services from brick&batten, participating in our website or mobile site’s services, and/or accessing our content, you are agreeing to these Terms & Conditions as well as our Privacy Policy and Shipping & Returns, which are incorporated herein by reference. If you do not agree to these Terms & Conditions, the Privacy Policy and Shipping & Returns specifications, do not access the brick&batten website, mobile site or make any purchase of goods or services from brick&batten. You agree that brick&batten will not be bound by any additional terms or conditions unless accepted by brick&batten in a written document (excluding e-mail or other electronic messages).

User Content

(a) By submitting information (“User Content”) to brick&batten, including photos, digital files, blueprints, architectural renderings, or other data, you authorize brick&batten to use such data in connection with its business, including for marketing purposes as well as on social media (Instagram, Facebook, Pinterest, etc.) and blog content, You agree that brick&batten can license digital photos for commercial purposes. You agree that we can transfer User Content as provided herein and in brick&batten’s Privacy Policy, and acknowledge that in some cases we may be compensated by third parties for such transfers. You agree you are not entitled to receive any compensation for brick&batten’s use of User Content or transfer of User Content under any circumstances. (b) You also represent and warrant that all User Content, including photos, digital files, blueprints, architectural renderings, and other data submitted to brick&batten are original, you have the right to transfer such User Content, such User Content does not infringe on the intellectual property rights of any third party, and all authority has been granted by the homeowner, architect, firm, photographer, or other owner or licensee of such data sufficient to allow brick&batten to use such data. (c) It is the client’s sole responsibility to provide information for use in brick&batten’s design. It is the client’s responsibility to provide a clear, high resolution, straight and level photo. brick&batten is not responsible for inaccurate or incomplete information. brick&batten is not responsible for acquiring photos. Designs are created based on client submission, architectural style, and design team experience. (d) brick&batten reserves the right to publish any User Content for marketing purposes. By submitting any User Content, including, but not limited to, comments, reviews, messages, notes, suggestions, complaints, before and after photos, you agree that the User Content is non-confidential, does not violate any privacy, publicity or intellectual property rights and is granted to brick&batten for use as we determine, in our sole discretion. User Content may be removed by brick&batten at any time.

Indemnification

You agree to indemnify, defend, and hold harmless brick&batten and any of its directors, officers, agents, and employees from any loss, cost, liability, claim, cause of action, and expense (including attorneys’ fees and litigation costs) of any kind arising out of or relating to, in any way, directly or indirectly,(a) your violation of these Terms and Conditions or (b) the User Content, including but not limited to infringement or misappropriation of the rights of any third parties.

Revisions

If you have purchased a design from brick&batten, you may, during the first 6 months after receiving the design, receive one (1) free revision on your design. The one free revision may include any elements as identified or described on the brick&batten Free Revision Form. Any additional revisions or revisions requested after 6 months will be subject to additional charges.

Archive

It is possible that after 12 months, the original design file may not be accessible. If you would like to request a revision after 12 months, please email info@brickandbatten.com with your request and a team member will determine whether your file is accessible. If it is not accessible, then a new order will need to be placed.

Use of Website and Mobile Site

Use of our website must be consistent with the intended use, and is not for any illegal or unauthorized purposes. The content of our website is the intellectual property of brick&batten. You may not adapt, download, copy, reproduce, sell or distribute any of our content, including, but not limited to, code, creative content, pictures or images, logos, characters, or copy of any content of our website.

Limitation of Liability

brick&batten is not liable to you or any third party for consequential, incidental, or punitive damages, expenses or losses related to your use of our site, our consultation/ advice, or our products sold regardless of any warranties or disclaimers. You agree that brick&batten’s total liability under this agreement is capped at the amount you paid for your order.

Warranty Disclaimer

brick&batten DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES NOT SET FORTH IN THESE TERMS, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge any products or services received from brick&batten are provided “as is where is” and you disclaim all warranties and representations.

Third Party Referrals

By using brick&batten’s website, mobile site or purchasing any products or services you agree that brick&batten may provide your information and information regarding your design to third parties. To the extent that brick&batten (a) refers you to any third party or (b) provides your information to a third party (collectively a “Referral”); in order for such third party to provide you services or products, you agree that such Referral is made without representation or warranty regarding the third party and the service or goods which they may provide. You agree to do your own due diligence regarding such third party and the services and goods to be provided. You agree that you shall have no recourse against brick&batten for a Referral or the products and services provided by such third party. Additionally, you acknowledge that in some cases, brick&batten may be compensated for Referrals and you agree that you are not entitled to any such compensation.

Designs

brick&batten recommends testing all colors and viewing all samples before painting or making changes to your home’s exterior. Actual colors of paint, siding, wood, stone, stucco, brick, or other cladding materials may vary. Every computer monitor has different capability to display different colors and everyone sees colors differently. We cannot guarantee the color you see in the brick&batten design accurately portrays the true color of the paint or home exterior material. Images submitted may be adjusted for exposure, brightness, sharpness, etc. at the discretion of brick&batten. brick&batten suggests testing and getting samples of recommendations, as the design may not reflect the color in your environment. Images may be altered. Trees, brush, landscape, cars, bikes, boats, dumpsters, etc. may or may not be removed to display image accurately. We cannot guarantee every part of the photo will be altered. You acknowledge that brick&batten is only providing a design rendering for your real property. You agree we are not providing advice or consulting on the suitability of any product, construction or redevelopment of your real property. You agree that it is your responsibility to consult with the appropriate architects, engineers and construction personnel regarding any proposed redesign or construction and brick&batten bears no liability regarding the suitability of any construction or redesign on your real estate.

Ownership of Designs

All materials created or altered by brick&batten, including but not limited to photo and digital files, shall be the exclusive property of brick&batten.

Right to Refuse

All inquiries, contact, and purchases made through our website and/ or mobile site are an offer to engage in communication or transaction with you, and we reserve the right to refuse any such interaction at any time.

Payment and Delivery Information provided for contact or purchasing purposes, including any personal information or credit card information, must be accurate and complete. Any purchases made on our website will be charged in full upon purchase unless otherwise noted. We do not guarantee delivery at any specific time and are not responsible for delays in shipment or delivery.

Pricing

Prices listed on our website and mobile site are subject to change and do not include any taxes or additional fees, if applicable. We do NOT OFFER REFUNDS after orders are placed and under no circumstances may orders be cancelled. This includes designs that are in process or that have been completed and/or delivered. All payments are due at the time the order is placed. Any errors in pricing due to mathematical, typographical or invoice discrepancy, or errors in description, dimensions, color, availability or other specifications may be subject to correction. We do not guarantee the accuracy, completeness, consistency or reliability of any information provided, and do not guarantee that updates pertaining to any content, images or product description and/ or details are current. We reserve the right to edit any inaccuracies.

Force Majeure

brick&batten shall not be liable for any delay or failure in delivery resulting from all causes beyond its control, including, but not limited to earthquakes, fires, floods, acts of terrorism, strikes or other labor disputes, shortage of labor or materials, accidents to machinery, acts of sabotage, riots, delay in or lack of transportation, export and import restrictions or the requirements of any government authority.

Amendment

These Terms & Conditions were last updated on September 27, 2022. These Terms & Conditions may be changed or updated at any time and will be posted here for your reference. Continued use of this website following the posting of updated Terms & Conditions constitutes acceptance of all changes included therein.

Governing Law

These Terms & Conditions and any actions related thereto shall be governed in accordance with the laws of the State of Georgia without regard to its conflict of law provisions. The Federal and States Courts residing in Georgia shall have the jursidction to determine any dispute under these Terms and Conditions and you agree to submit to the jurisdiction of such courts.

Waiver

No failure or delay by brick&batten in exercising any right and no course of dealing shall operate as a waiver of rights by brick&batten

Assignment

These terms shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. You may not assign your rights hereunder without brick&batten’s written consent, but brick&batten may assign its rights and obligations hereunder to a successor to substantially all of its assets and business (whether as a result of a sale of equity or assets or by merger).

Subcontracting

brick&batten may subcontract any of its obligations hereunder.

Severability

If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision.

Setoff

All claims hereunder against brick&batten are subject to setoff by brick&batten for any claim arising out of any transaction with you.

Third Party Beneficiary

There are no intended or unintended third-party beneficiaries of these Terms and Conditions.